This article was co-authored by Lahaina Araneta, Esq.. Lahaina Araneta, Esq. has been practicing law in California since 2013. She received her JD from Loyola Law School in 2012 and specializes in immigration law.

There are 14 references cited in this article, which can be found at the bottom of the page.

New Hampshire residents can get benefits if a disability prevents them from working. There are two federal disability programs you can apply for: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). New Hampshire also offers cash assistance through the state’s Aid to the Permanently and Totally Disabled, which has a separate application process.[1]

Steps

Part 1

Collecting Information

1

Check if you are eligible for federal benefits. SSDI and SSI are federal programs with their own eligibility requirements. The Social Security Administration's (SSA) impairment listing manual, also called their blue book, lists a number of impairments, both physical and mental, that will automatically qualify an individual for SSDI or SSI. To qualify for disability benefits, you must meet the following requirements:[2]

You have a physical or mental disability that prevents you from seeking substantial, gainful employment.

Your medical condition is expected to last at least one year or result in your death.

You have enough work credits to qualify for SSDI. Check your Social Security statement.

Your income is sufficiently low to qualify for SSI. Unlike SSDI, SSI is only given to those who can prove they have a very low income and have assets valued at less than $2,000.

2

Satisfy eligibility requirements for the state program. In addition to SSDI and SSI, New Hampshire residents can apply for disability assistance through a state program as well as through the federal program. New Hampshire’s cash assistance program has slightly different requirements. See if you meet the following:[3]

You are between 18 and 64.

Your disability is expected to last four years or result in your death.

Your income isn’t too high.

You have fewer than $1,500 in cash, bonds, bank accounts, and life insurance.

3

Collect your medical information. If you have copies of your medical records, you can provide them when you apply. Submit copies of all doctor’s reports, test results, and prescription drug information.

You'll need the following information:

A record of your diagnosed conditions.

A description of your symptoms and complaints.

The names of all treating physicians.

The names and contact information for all healthcare institutions you've used.

Exams you've taken for workers' compensation.

A list of medications you're prescribed and/or taking.

However, don’t delay applying if you don’t have records. The government can request them for you. Provide the names, addresses, and phone numbers for all doctors, clinics, or hospitals where you have received treatment. Also provide the dates of your visits.[4]

4

Gather your personal information. You’ll need to present certain personal information as part of the application process, so gather it ahead of time. Collect the following:[5]

Your birth certificate or other proof of birth.

Proof of citizenship or your green card, if you weren’t born in the U.S. but have paid into social security for the required number of years.

Your Social Security number.

The Social Security number for your current spouse and any former spouse. Also include the dates of your marriage.

The names and birth dates of your minor children.

5

Collect your financial information. Both SSI and the state’s cash assistance program are based on financial need. While you may qualify for both SSDI and SSI, you'll need to prove your need. SSI is meant for those with income lower than $735 a month for individuals and $1,103 for couples and assets valued at less than $2,000. Gather financial documents, such as the following:[6]

Your income for this year and last year.

Last year’s W-2 form.

Proof of self-employment income, such as your most recent tax return.

Bank and financial information routing numbers.

Paperwork concerning any investments you have.

Insurance policies.

6

Write down information about your work history. You won’t qualify for benefits if you can transition to other jobs. For this reason, the government will want to review details about your work history. Provide the following information for the past 15 years:[7]

Your job titles (up to five).

A summary of the work you did for each job.

The dates you worked the jobs.

The names of your employers.

When your disability began to impact your ability to work.

Information about any workers’ compensation claim you might have filed.

Part 2

Applying for Benefits

1

Apply for federal benefits. You can apply for SSDI and SSI in one of three ways. Choose the option that is most convenient for you:[8]

You can apply online at https://www.ssa.gov/disabilityssi/. Click on the blue “Apply for Disability” button. You can mail or deliver your paperwork to your nearest SSA office when you finish.

You can call SSA during the week at 1-800-772-1213 from 7:00 am to 7:00 pm. Deliver or mail any paperwork you have.

When applying by phone or in person, make sure you have all of the required documents ready:[9]

Medical records.

Workers' compensation paperwork.

Household members' names and dates of birth.

Dates of marriages and divorces.

Bank account information.

Contact information for someone who can find you.

Medical release form SSA-827, if provided in your packet.

Completed "Medical and Job Worksheet - Adult."

2

Apply for state cash assistance. You can apply for benefits by contacting the nearest Department of Health and Human Services (DHHS) district office and scheduling a meeting. You must apply for SSDI and SSI first.[10]

Take additional medical exams. SSA might need more information before they can make a decision. If they order medical exams or other tests, they will pay for them and reimburse you for travel.[11]

4

Receive your decision. It takes about three to five months for your application for federal benefits to be processed. If you are granted benefits, your letter will tell you when your benefits begin and the amount you will receive.[12] If you’re denied, your letter will explain how to appeal the decision.

DHHS should also send a letter informing you if you qualified for state cash assistance. If you are denied, read the letter closely to find out how to appeal.

Part 3

Appealing a Denial of Federal Benefits

1

Apply for an appeal. You should call the office where you filed your initial application and ask for the appeal forms. You only have 60 days to request an appeal, so don’t delay.

You should supply any new medical records or information since you initially applied.

2

Request a hearing. You will present your appeal before an administrative law judge (called an “ALJ”). The ALJ will listen to your evidence and decide if you qualify for disability benefits. Most people who get benefits get them at a hearing, so you definitely want to request one.

Half of all disability court cases are approved, so you have a 50% chance of getting your benefits granted.

Read your denial notice to see how you can request a hearing.

It can take up to a year before you have a hearing.[13] However, if you win, then you will receive backpay retroactively to the date you were initially disabled.

3

Hire a lawyer to help you. Your chances of winning benefits are greater if you have a lawyer help you prepare for the hearing. Obtain a referral to a disability lawyer by contacting the New Hampshire bar association at http://www.newhampshirelawyerreferral.com/.

Disability lawyers work on contingency. This means they don’t get paid unless you win. If you do, federal law limits the amount your lawyer can collect to 25% of your backpay amount, up to $6,000.[14] In rare cases where a lawyer has taken a case up through the appeals court system, they may be able to collect more.

You’ll probably also have to pay for the costs of the hearing—things like photocopying, mailing letters, and requesting records. These costs shouldn’t be more than a couple hundred dollars.

Article Info

This article was co-authored by Lahaina Araneta, Esq.. Lahaina Araneta, Esq. has been practicing law in California since 2013. She received her JD from Loyola Law School in 2012 and specializes in immigration law.